Corporal punishment is not allowed on any WCED institution, should a parent consent to the principal and or an educator to use corporal punishment then the respective principal and or educator will be charged.

Discuss the matter with the principal. Should there be a disclosure about an incident, and the learner’s name is mentioned, then you as the educator have a duty to report in terms of section 110 of the Children’s Act.

Regulation 35(2) of the Children’s Act clearly highlights the broad risk assessment framework providing guidelines in this regard. Should disciplinary processes of parents border on these regulations then it should be reported.

School Social Workers should provide support to parents and establish the reason for not wanting to consent. Refusal to consent might be related to fears that need to be worked through during support sessions. SACE may also do an independent investigation that could see an educator lose their registration to practice as an educator.

The Abuse No More Policy Document is intended to protect children. Transgressions toward teachers by learners should firstly be addressed by the school’s Code of Conduct via the management of the school.

Should educators feel the need to be further protected, they have the choice of pursuing criminal/civil charges.

Opportunities to network with respective role players are always encouraged (CSTL Document). Drawing up of District Memorandums of Understandings with designated child protection organisations and DSD is imperative and should be in place. Educators may also contact their respective District School Social Worker to assist in escalating such matters to the supervisors of the designated organization.

The intimidation Act 72 of 1982 is clear that intimidation is a criminal offence and all those intimidating victims can be charged and prosecuted. Refer such intimidation to your principal immediately.

Reasons for refusal must be explored by either the District School Social Worker or Labour Relations officer. These reasons should be discussed, and guidance should be provided to learners and parents as to the possible implication and seriousness of such cases.

Educators have the right to be protected. Reporting such incidents should be done with sensitivity and confidentiality and should be explored with SAPS and Department of Social Development. The intimidation Act 72 of 1982 is clear that intimidation is a criminal offence and all those intimidating victims can be prosecuted.

Discuss the nature of the offence and explore the possible reason for the offence in term of the behaviour displayed by the child. One should as far as possible try to avoid criminalising children and deal with matters in a restorative manner. If needed and depending on the nature of the offence, the case should be reported to SAPS. They will assess or ask another professional to assess the child’s criminal capacity and then decide whether a case should be opened or alternative measures taken.

In terms of section 110 of the Children’s Act, you as an educator are mandated to report such abuse.

Unwillingness to report a case of abuse in terms of section 110 of the Children’s Act, makes you guilty of section 305 which indicates failure to report can lead to criminal charges, a fine, or both.

If such incidents occur and you feel that the child and parent’s rights are violated, report and discuss the matter with the station commander of the respective SAPS office as you are the advocate for the child’s rights in this regard.

See scenario 2 in the Abuse No More Policy Document. A case should be reported internally (Employee Relations) as well as externally to SAPS and the Designated Child Protection Organisation (form 22) as this is a criminal case.

SAPS can investigate at school with the permission of the parent or guardian. However the child can be questioned at home too.